Andromedas v Truong [2016] NSWDC 330

District Court New South Wales

Medium Neutral Citation: Andromedas v Truong [2016] NSWDC 330 Hearing dates: 14, 15, 16, 17 and 18 November 2016 Date of orders: 21 November 2016 Decision date: 21 November 2016 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: See paragraphs 58 and 61. Catchwords: DAMAGES – earlier work injury – unable to work – subsequent motor vehicle accident – return to work – aggravation of existing spinal issue – domestic care – costs Legislation Cited: Uniform Civil Procedure Rules 2005, r 42.35 Cases Cited: Graham v Baker (1961) 106 CLR 340 Morvatjou v Moradkhani [2013] NSWCA 157 Category: Principal judgment Parties: Angela Andromedas (plaintiff) Kien Hue Truong (defendant) Representation: Counsel: Mr C T Barry and Mr J Trainor (plaintiff) Mr W Fitzsimmons (defendant)

Solicitors: Gajic Lawyers (plaintiff) Moray & Agnew (defendant) File Number(s): 2015/178648 Publication restriction: None

Judgment 1. On 21 July 2010, Angela Andromedas was in slow moving, heavy traffic when a car collided with the rear of her vehicle. She claims damages: past and future economic loss, including lost superannuation; past and future domestic care and assistance; and past and future medical costs. No claim is made for non-economic loss as the whole person impairment threshold has not been met. Liability was not in issue. 2. The primary issue in the proceedings is the extent to which Ms Andromedas suffered injury and ongoing disabilities as a result of the collision. The matter is complicated by injuries and disabilities Ms Andromedas sustained or may have sustained in a work accident about nine months prior to the motor vehicle accident, and, by the circumstance that Ms Andromedas returned to work for about three to four months starting about seven months after the motor vehicle accident. 3. Oral evidence was given by Ms Andromedas and two female friends, Nancy Haidar and Anne Bradbury.